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PEOPLE v. GEOGHEGAN

68 A.D.2d 279 (1979)

The People of the State of New York, Respondent, v. Henry Geoghegan, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 24, 1979

Attorney(s) appearing for the Case

Zoltan Hankovszky for appellant.

Amyjane Rettew of counsel (Donna Krone with her on the brief; Robert M. Morgenthau, District Attorney), for respondent.

SULLIVAN and MARKEWICH, JJ., concur with MURPHY, P. J.; KUPFERMAN, J., dissents in an opinion.

MURPHY, P. J.

Defendant Henry Geoghegan was indicted for allegedly murdering and robbing Jan De Vroom in his apartment on November 13, 1975. Although the prosecution presented its case through 16 different witnesses, the facts essential to this appeal came through five primary witnesses, viz: Thomas Gilligan, Detective John Toone, Detective Carl Sgrizzi, Robert Kremer Hoke, and Police Officer James McCabe.

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